- Title Pages
- Dedication
- Preface
- Introduction
-
Part One -
I. 1790: Secretary Jefferson and the Foreign Affairs Power -
II. 1791: The National Bank and the Point of Interpretation -
III. 1793: The Supreme Court and the Metaphysics of Sovereignty -
IV. 1794: Kamper v. Hawkins and the Role of the Judiciary -
V. 1798 (1): Justice Paterson and the Missing Fundamental Principle -
Part Two -
VI. 1798 (2): How to Think about the Sedition Act -
VII. 1800: Marshall and the Role of the Political Branches -
VIII. 1802: How Not to Think about the Judiciary Repeal Act -
IX. 1804: Turpin v. Locket and the Place of Religion -
X. 1806: Hudgins v. Wright and the Place of Slavery -
XI. 1808–1809: A Forgotten Crossroads in Constitutional History -
Part Three -
XII. 1817: President Madison Vetoes His Own Bill -
XIII. 1818: The Congress Thinks about Internal Improvements -
XIV. 1821: The Attorney General and the Rule of Law -
XV. 1829: Writing State v. Mann -
Part Four -
XVI. 1859: The Supreme Court and the Metaphysics of Supremacy -
XVII. 1862: Four Attorneys General and the Meaning of Citizenship -
XVIII. 1873: Slaughterhouse Revisited -
XIX. 1904: Clay May, the Railroad, and Justice Holmes -
XX. 1927: Justice Brandeis and the Final End of the State -
XXI. 1944: Constitutional Injustice -
Part Five -
XXII. 2002: Common Ground after Two Centuries - Conclusion
- Index
1859: The Supreme Court and the Metaphysics of Supremacy
1859: The Supreme Court and the Metaphysics of Supremacy
- Chapter:
- XVI. 1859: The Supreme Court and the Metaphysics of Supremacy
- Source:
- A Community Built on Words
- Publisher:
- University of Chicago Press
Article IV, section 2 of the Constitution states that “[n]o person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, by Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.” Like all other provisions of the original Constitution that related to the institution of slavery, this clause squeamishly avoided use of the term “slave,” but no doubt has ever existed about its intention, which was to require the return to their legal masters of fugitive slaves who escaped into states that had abolished slavery. The clause is located at the end of a series of provisions imposing duties on the states, only one of which (the full faith and credit clause of Article IV, section 1) expressly empowers Congress to enact legislation relating to those duties.
Keywords: Supreme Court, Constitution, institution of slavery, Article IV, Congress, legislation
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- Title Pages
- Dedication
- Preface
- Introduction
-
Part One -
I. 1790: Secretary Jefferson and the Foreign Affairs Power -
II. 1791: The National Bank and the Point of Interpretation -
III. 1793: The Supreme Court and the Metaphysics of Sovereignty -
IV. 1794: Kamper v. Hawkins and the Role of the Judiciary -
V. 1798 (1): Justice Paterson and the Missing Fundamental Principle -
Part Two -
VI. 1798 (2): How to Think about the Sedition Act -
VII. 1800: Marshall and the Role of the Political Branches -
VIII. 1802: How Not to Think about the Judiciary Repeal Act -
IX. 1804: Turpin v. Locket and the Place of Religion -
X. 1806: Hudgins v. Wright and the Place of Slavery -
XI. 1808–1809: A Forgotten Crossroads in Constitutional History -
Part Three -
XII. 1817: President Madison Vetoes His Own Bill -
XIII. 1818: The Congress Thinks about Internal Improvements -
XIV. 1821: The Attorney General and the Rule of Law -
XV. 1829: Writing State v. Mann -
Part Four -
XVI. 1859: The Supreme Court and the Metaphysics of Supremacy -
XVII. 1862: Four Attorneys General and the Meaning of Citizenship -
XVIII. 1873: Slaughterhouse Revisited -
XIX. 1904: Clay May, the Railroad, and Justice Holmes -
XX. 1927: Justice Brandeis and the Final End of the State -
XXI. 1944: Constitutional Injustice -
Part Five -
XXII. 2002: Common Ground after Two Centuries - Conclusion
- Index